Looking for the necessary provisions in the labour law for termination of employment in UAE?
This article will discuss all you need to know as an employee or an employer.
Table of Contents
Labour law for termination of employment in UAE.
There are nine cases of termination of the contract according to the UAE law, which is as follows:
- The agreement of the two parties to the contract to terminate it in writing.
- Expiration of the contract.
- The desire of one of the parties to terminate while adhering to the provisions of the law.
- The death of the employer.
- The death of the worker or his total and permanent disability which prevents him from working.
- Condemning the worker by a final court ruling with a penalty restricting his freedom.
- Permanently closing the facility.
- The bankruptcy of the business owner or his exposure to economic or exceptional problems led to the termination and closure of the project.
- The worker’s failure to fulfil the conditions necessary to renew the work permit In a manner outside the will of the employer.
Termination of worker without notice.
The labour law for termination of employment in UAE defines ten reasons that allow the employer to dismiss the worker without warning him.
Provided that he conducts an investigation with him and informs him of the dismissal in writing, clarifying the reasons and handing him over to the worker according to the rules.
The reasons in case of termination of employment without notice are as follows:
- Evidence shows the worker impersonating another person and using forged papers and documents.
- The worker commits a mistake that causes severe damage or intentionally causes damage to the employer’s property.
- Violation of the worker’s safety and security instructions for the internal system of the facility.
- The worker failed to perform his essential duties despite being warned twice about dismissal and an investigation conducted with him.
- The worker disclosed one of the work secrets related to intellectual and industrial property, which caused damages and losses to the employer.
- The worker was discovered drunk under the influence of a narcotic during working hours or committed immoral acts.
- The worker’s verbal or physical assault on the employer or one of his officials at work.
- Absence of the worker from work for twenty intermittent days or seven consecutive days without informing the employer or without a valid excuse.
- Exploiting the worker’s job position to achieve private gain illegally.
- The worker joining another job violates the provisions of the law in this regard.
Contract termination without notice by employee.
The worker, by labour law for termination of employment in UAE, may terminate the work contract without notice according to the following four cases:
- The employer’s breach of his obligations towards the worker agreed upon in the contract or according to the Federal Labor Law.
Provided that the worker informs the Ministry 14 working days before leaving work, without the employer removing the effects resulting from this breach despite being notified by the Ministry.
- It is proved that the employer or his legal representative assaulted the worker or was subjected to violence or harassment during work.
Provided that he notified the concerned authorities and the Ministry within five days of working from the date he was capable of reporting.
- If there is a significant risk in the work facility that threatens the safety or health of the labourer, provided the employer knows of it and has not taken the necessary measures to indicate its removal.
- Assigning the worker to carry out work fundamentally different from the work agreed upon under the employment contract without the worker’s written consent, except in cases of necessity under Article 12 of the UAE Labor Law.
Exceptional cases of termination of employment UAE.
According to the UAE law termination of employment has two exceptional situations:
Wrongful termination occurs when the employer terminates the worker’s service for a reason unrelated to work or because the worker submits a complaint against him to the MoHRE.
If this case is proven, the employer must pay fair compensation to the employee, to be estimated by the competent courts.
In addition to compensation, the worker is entitled to all end-of-service dues by the labour law for termination of employment in UAE.
Lack of fitness termination, as the employer may not terminate the worker’s service due to lack of fitness, except after he has used the health leaves that he may have.
Any agreement contrary to the preceding is considered null and void, even if it was agreed upon before the entry of this law into force.
FAQs about termination of employment UAE labour law.
At the end of our article on labour law for termination of employment in UAE, we hope that we have provided all the answers you are looking for regarding cases of termination of the employment contract as stated by the law.
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A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.